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Removal (Deportation) Defense

An order of removal is a decision by an immigration judge that a noncitizen should be deported from, or prohibited admission to, the United States. Officers of the Department of Homeland Security (DHS) also may issue an order of removal under some circumstances.

The best possible representation in removal proceedings is important because a noncitizen normally receives only one chance to prove that he or she should not be removed. Further, the consequences of an order of removal can be severe. A noncitizen may not be able to return to the United States for 5 years to life.

In the removal proceedings, the immigration judge or officer first must decide whether there is a valid reason to remove a noncitizen. There are many reasons to remove a noncitizen, including fraud, abandonment of lawful permanent residence, entry without inspection, crime, and drug use. The immigration laws regarding removability for conviction of a crime are particularly complex.

Second, an immigration judge also will decide any applications that would prevent removal if approved. Those forms of relief from removal include applications for asylum, withholding of removal, Convention Against Torture relief, cancellation of removal, adjustment of status, discretionary waivers, etc.

Appeal of a Removal Order

An order of removal issued by an immigration judge or DHS officer may be challenged by appealing the decision to a higher court. The next higher court, if an immigration judge issued the order of removal, is the Board of Immigration Appeals (BIA). The BIA is a division of the U.S. Department of Justice. It is located in Falls Church, Virginia.

If the BIA upholds the removal order, then judicial review often is available from the United States Court of Appeals. Unlike the BIA, the Court of Appeals consists of independent judges appointed for life terms. Also unlike the BIA, the Court of Appeals has the authority to decide that a law passed by Congress violates the Constitution.

I have represented many clients before the BIA and U.S. Court of Appeals for the Ninth Circuit (the Court of Appeals that covers California and much of the western United States). Prior to opening my own office, I worked at two immigration firms where my primary responsibility was to represent clients on appeal before these courts.

To learn more about appeals, visit Appeal FAQ's.

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